EDITORIAL COMMENT: Judiciary must pass deterrent sentences

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When children are at school both at primary and secondary school, teachers are in loco parentis. What this entails is that teachers do more than teaching because when pupils are under their custody, they are also expected to assume the role of parents.

It is a fact that during the school term pupils spend longer hours with teachers compared to the time they spend with their parents and the period is even longer for boarders. Parents therefore look up to teachers to contribute positively to the upbringing of their children.

It is teachers who should reprimand or punish pupils for wayward behaviour while at school. It is therefore very disturbing when teachers who are supposed to be role models, entice pupils to indulge in anti-social activities. The case of Gilbert Mano, 36, a teacher at of Fletcher High School in Gweru who sent his nude pictures and pornographic videos to a Form Four boy at the school, is very worrying.

Mano who was convicted on his own plea by Tayengwa Chibanda, was fined $100 or in default, 60 days in prison.  Passing sentence, Chibanda said: “If you are given a custodial sentence you may lose your job and in coming up with the sentence, the court has taken into account the fact that you’re a family man.”

Mano admitted to sending the nude pictures and the two pornographic videos to the Form Four pupil saying the pupil asked to be sent the videos and the nude pictures. The pupil, who probably saw nothing wrong in being sent the pornographic videos and nude pictures, showed the offensive videos and pictures to his father who then reported the case to the police.

The pupil’s father was obviously angered by these pornographic videos and what made the situation worse was that the person who was supposed to be in loco parentis, had sent the videos. We respect the independence of the Judiciary in interpreting the country’s laws and coming up with appropriate sentences for convicts.

The objective behind punishing an offender, we believe, is to discourage would be offenders from committing a similar offence hence the punishment should be deterrent enough. The punishment should also be corrective so that the offender does not repeat the same offence. A fine of $100 for a teacher who probably ruined the life of his own pupil, in our view, is just too lenient and does not achieve any of the said objectives behind punishing offenders.

What is shocking is that the presiding magistrate was more concerned about protecting Mano’s job as opposed to protecting pupils by passing a deterrent sentence to discourage like-minded teachers from engaging in similar anti-social activities. There is every reason to be persuaded to conclude that Mano is gay.

The President Cde Robert Mugabe has described the gays and lesbians as worse that dogs and pigs. Mano is a social outcast who does not deserve to be the in classroom because he is a danger to his pupils.

The Ministry of Primary and Secondary Education should not be misled by the ridiculous $100 fine and should, without delay, take disciplinary action against Mano.

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